28 Fair empl.prac.cas. 1609, 29 Empl. Prac. Dec. P 32,813, 3 Employee Benefits Ca 1569 Retired Public Employees' Association of California v. State of California

677 F.2d 733 28 Fair Empl.Prac.Cas. 1609 , 29 Empl. Prac. Dec. P 32,813 , 3 Employee Benefits Ca 1569 RETIRED PUBLIC EMPLOYEES' ASSOCIATION OF CALIFORNIA, et al., Plaintiffs/Appellees, v. STATE OF CALIFORNIA, et al., Defendants/Appellants. No. 80-4246. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 13, 1981. Decided May 17, 1982. Robert E. Murphy, Deputy Atty. Gen., San Francisco, Cal., for plaintiffs/appellees. Fred D. Lonsdale, Davis, Cowell & Bowe, San Francisco, Cal., for defendants/appellants. Appeal from the United States District Court for the Northern District of California. Before ANDERSON and SCHROEDER, Circuit Judges, and RICHEY, * District Judge. J. BLAINE ANDERSON, Circuit Judge: I. FACTS 1 A class of public employees sued the State of California, alleging that the State had discriminated in the payment of retirement benefits to the class in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 2 The district court certified the class as all members of the California Public Employees Retirement System (PERS) who retired before January 1, 1977, and who are now receiving a lower monthly retirement benefit…